Terms of Use

Introduction

1. The use of the services provided by “Captain Flights” and other communication channels such as Telegram, emails and chatbots a website which enables you, among other things, to view prices of flight tickets via Third Party Websites (the “Website” or the “Page” or the “Service”) is in accordance with the following terms of use (the “Terms”) including the Privacy Policy and according to any applicable law. By using the Service You signify that You agree to be bound by the Terms.
2. The use of the Website is restricted solely to legal purposes and is restricted to those individuals who are legally qualified or corporations.
3. The purpose of the Terms is to regulate the relations between the operator of the Website, Secret Flights Ltd., (the “Operator”) and any person and/or entity using the Service. By using the Service, You agree to be bound by the Terms. If You do not agree with all or part of the Terms, please leave the Website and refrain from any use of the Website. The Operator reserves its right to terminate Your use of the Website if You will not comply with any or all of the Terms.
4. The Terms determine Your access to the Service and will apply to any of Your use in the Service including use of data, content and services in the Website or links to other sources of information and on any transmission of data and constitutes the legal basis to any of your actions and/or communications during any use of the Website.
5. The Operator reserves its right to terminate Your use of the Website if You fail to comply with any or all of the Terms and reserves its right to update the Terms from time to time at its sole discretion and without providing any prior notice. It is clarified that the binding terms will be the Terms available at the Website at the time of Your use of the Website. Therefore and prior to any use of the Website, You are advised to read thoroughly the Terms and the Privacy Policy. If You do not agree with all or part of the Terms, please refrain from any use of the Website.
6. The Terms constitute the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any contradiction or inconsistency between the Terms and any content appearing in the Website, the provisions of the Terms shall prevail.
7. It is clarified that the Operator reserves its right to change and/or terminate the activity of the Website, fully or partially, at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
8. The Service is active and accessible at all hours of the day at every day, and You may use it at all times. However, the activity of the Website may be interrupted from time to time due to errors which are not controlled by the Operator and/or due to maintenance reasons and/or due to any other reason, and You will not have any claims against the Operator in such case.
9. If You have any questions regarding the Terms and/or Privacy Policy, you may contact the Operator by email: flywith @ captainflights.com. It is clarified that the Operator’s contact details and the Operator’s availability are subject to change at its sole discretion and without any prior notice or consent and You will not have any claims against the Operator in such case.
10. It is hereby clarified that You declare and warrant that any of Your use and reliance on information appearing in the Service including information of travel products and travel services is provided by third parties including websites which are not controlled by the Operator. Therefore the Operator doesn’t guarantee the quality, correctness, validity, accuracy, wholeness and/or the suitability of such information including information about events and tickets for any purpose.
11. Furthermore it is clarified and understood that the Operator acts solely as a referral of users browsing the Website to Third Party Websites, and therefore the Operator shall have no liability for any acts of the Third Party Websites and for the Third Party Website’s business including, but not only, any of Your engagement with the Third Party Websites which you have bought from them Tickets for flights, hotel bookings, insurances or any other travel products or services purchased via such third party’s services . Any deal for the sale or purchase of Tickets using the Third Party Website’s business shall be closed between You and the Third Party Websites, and the Operator is not a party to such deal, and therefore the Operator shall have no liability for Your purchase of Tickets from Third Party Websites including, not only, in case of any problems with Tickets which may result in Your inability to board a flight. For the avoidance of any doubt, the Operator does not sell flight tickets including those who appear in links available in the Service.

Definitions

1. “Content” means the Website, information about Tickets which their details are available in the Website, online webpages, the sorting and display of information and any other illustrative form in the above and in mailings.
2. “Service” means the Website, the user account including its instructions, other related products and services, personal support service if provided, and any other modification and/or amendment of the above as may be made by the Operator from time to time under its sole discretion.
3. “Website/Page Errors” means any interruption in the Website’s availability due to reasons which are not directly controlled by the Operator.
4. “You” or ”Users” means, inter alia, individuals and entities authorized by the Operator to use the Service and Your employees, consultants, service providers, agents and/or third parties which You have business with.
5. “Tickets” or “Transactions” means flight tickets which can be purchased through accessing third party websites which are accessible via the Website.
6. “Third Party Websites” means websites which sell Tickets which are not controlled by the Operator.
7. “Your Data” means all data and/or information in electronic form which You provide or as collected by the Operator in the Website during Your use of the Website.

About the Terms, Governing Law and Messages

1. These Terms constitute a separate agreement between You and the Operator. It is hereby clarified and agreed that the Operator shall have no liability for any violation of the Terms by other Users or by Third Party Websites, and in case of any violation by any other Users or Third Party Websites, all claims You may have should be addressed to such violating party and You shall have no claims and/or demands against the Operator.
2. It is hereby clarified that only the Terms shall bind the Operator. Any advertising available in the Website including advertising by Third Party Websites shall not be considered as the Operator’s recommendation or opinion regarding the willingness of the advertised Content.
3. This Agreement, including the Privacy Policy, constitutes the entire agreement between You and the Operator and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and either signed or accepted electronically by the party against whom the modification, amendment or waiver is to be asserted
4. If You have any inquiries regarding the Terms, You may address the Operator via email address flywith @ captainflights.com.
5. The information and the Service is provided to the User on an as-is basis, and the User agrees that the Operator and its employees, officers, shareholders and/or anyone on the Operator’s behalf shall have no liability for any damages, direct or indirect, caused to You or to any third party on Your behalf resulting from Your use and/or reliance on information available on the Website.
6. This Agreement shall be governed by and construed in accordance with the laws of the State of Israel. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of Tel Aviv, Israel, for any litigation and/or dispute arising out of this Agreement.
7. All notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon sending an email with a confirmation of arrival provided that the Operator has not notified the sender that no message has been received.

Liability and Limitation of Liability

1. The Operator has no liability for any Content appearing on the Website which is taken from third parties including Third Party Websites, and it is Your responsibility to verify the relevant details regarding the Tickets You are interested in and want to purchase including, but not only, the location, date, seat, luggage, the fine print regarding the Tickets and more. Any claim, lawsuit and demand You may have regarding offers, the Tickets or services, their receiving or outcomes, shall be forwarded directly to such third party including the relevant airlines and/or the Third Party Websites which You received from them any details of the Tickets or purchased from them the Tickets, and You will have no claim and/or demand from the Operator in such case.
2. It is clarified that the Operator doesn’t control any sources of information and content related to the Tickets and therefore has no liability regarding any information, prices and availability (which may change instantly) and content of the Tickets including those which are advertised by the Third Party Websites, and doesn’t guarantee the quality, correctness, validity, accuracy, wholeness and/or their suitability for any purpose
3. The Operator has no relation to the providers of the Tickets and the Operator is not liable for any of Your actions resulting from Your use of the Service and You will not have any claim against the Operator regarding any damage caused to You resulting from Your use of the Service including, but not only, in case of cancellation, or delay of a flight; loss of luggage, seating in the flight and any other matter related to a flight. Such dispute should be resolved between You and the provider of the Ticket.
4. The Operator shall have no liability for any damage and/or direct or indirect punitive damages of any kind incurred to You resulting from Your use of the Service and/or resulting from Your reliance on any Content and Service available in the Website. The User shall have no claim regarding his reliance on information published on the Website and regarding the fact that based on the information the User did not use other services including, but not only, purchasing different Tickets and/or purchasing Tickets from other providers and/or checking ticket prices using other tools. You will have no claim regarding information published and available on the Website and the Operator shall not be liable for any information published on the Website and/or information acquired by third parties through the Website including by Third Party Websites.
5. The Operator does not warrant that all links available on the Website, including links available on mailings sent to You by the Operator, are active and/or will lead to an active website, and the existence of such link shall not be considered as any opinion, recommendation, or advice regarding any content appearing in such link. In no case shall the Operator have any liability to You regarding such matter. Without derogating from the above, the Operator shall not be liable for any damages, direct or indirect, caused to You resulting from Your use and/or reliance on information and content appearing in any third-party webpages which their links are available on the Website including links of Third Party Websites.
6. The Services available on the Website may be interrupted and/or may face errors. The Operator does not warrant that the Website will be immune of any illegal access the Operator’s computers and/or any damages, errors, faults relating to hardware, software and/or communication line and/or any other damage which may be caused to the Operator and/or any of its providers. The Operator shall not be liable for any direct or indirect damage caused to You and/or to Third Party Websites and/or any third party including to Your assets resulting from the above.
7. The information and Services available on the Website may include inaccuracies or mistakes. The Operator does not warrant that the Service will be uninterrupted or errorfree or that the Service or the servers providing the Service will be virus-free or free from other harmful components. The Operator does not warrant that the use or the result of the use if the Service or the use of the materials deriving from the Service will be accurate, correct and/or reliable in any manner.
8. You hereby agree that the Operator will not be liable for any unauthorized access to Your account including any change in the User Content You uploaded and/or sent, whether received or sent by You or not.
9. The Operator has no responsibility for any content appearing in advertisements appearing in the Website including any commercial offers from third parties including from Third Party Websites. Any claims and/or demands You may have regarding an offer to purchase a service and/or product including Tickets, whether concerning receiving of such product or service and whether concerning its outcome should be addressed to such third party which provided and/or warranted to provide such service and/or product including Third Party Websites, and the Operator and/or anyone on the Operator’s behalf shall bear no liability regarding any offer of service and/or product.

User’s Warranties

1. It is clarified that the Operator has no ability to inspect any information of the Third Party Websites available on the Website which is uploaded by the Third Party Websites and/or by anyone on their behalf, and therefore the Operator cannot ensure all of the Third Party Website’s compliance with the Terms. If there is any discrepancy between information of a Third Party Website available on the Website and actual details of the Third Party Website, You are requested to contact the Operator and report such discrepancy.
2. Should You breach any of the above, by negligence or on purpose, You will be held liable for any loss and damage incurred and/or may be incurred to the Operator which will have the right to terminate Your use of the Website immediately and to block Your access to the Website without prior notice and at the Operator’s sole discretion and You will have no claims against the Operator in such case. Furthermore in such case You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.

Contacting Third Parties:

1. You are solely responsible for contacting any third parties including, but not only, contracting with Third Party Websites and/or anyone on their behalf which advertise the Third Party Websites in the Website. You hereby declare that You are aware that the Operator doesn’t necessarily verify all the information of the Third Party Websites and/or anyone on their behalf which their details appear on the Website, and You shall not have any claim against the Operator regarding false information received by a Third Party Websites. With derogating from the above, the Operator reserves its rights, at any time, to monitor, inspect, verify and/or filter any Content uploaded by the Third Party Websites.
2. The prices of the Tickets and any other information regarding flights are provided by the Third Party Websites. However, there may be a difference between such information which appears in the Website and the actual information of Tickets, and the Operator will not be liable for any mismatch between such information, and the binding information the Tickets including the price, destination, luggage, seating and any other information regarding the Tickets is the information which appears in the Third Party Websites.
3. The variety and the availability of the Tickets are subject to change according to the Third Party Website’s discretion, and You may not have any claim regarding such change. It is clarified that the Tickets are offered by the Third Party Websites and not by the Operator, and therefore the Operator has no control of any offering of Tickets by the Third Party Websites.
4. Any binding agreement and/or contract with a Third Party Website who advertised a Ticket via the Website will be agreed and closed between You and the Third Party Websites, and the Operator and/or anyone on the Operator’s behalf will not be a Party to such contract and will not be liable for such contract, even if any information was transmitted via the Operator. It is hereby clarified that the Operator is solely a referral which provides links to Tickets offered by Third Party Websites which are not related to the Operator.
5. The Operator has no liability for any of the Tickets which are not sold or offered by the Operator, and it is Your responsibility to verify the relevant details regarding the Tickets You are interested in and want to purchase including, but not only, the destination, date and time of a flights, seat, luggage, the fine print regarding the Tickets and more. Any claim, lawsuit and demand You may have regarding the Tickets shall be forwarded directly to such third party including the airlines and/or the Third Party Websites which You received from them any details of the Tickets or purchased from them Tickets, and You will have no claim and/or demand from the Operator in such case. It is clarified that the Operator has no ability to check all the information regarding the Tickets including information uploaded by Third Party Websites and/or anyone on their behalf, and therefore the Operator cannot guarantee any compliance with these terms.
6. In case of any false information uploaded by Third Party Websites (including any mismatch of information of Tickets) and/or in case of any inaccuracy regarding information of a Ticket, please notify the Operator via email: flywith @ captainflights.com.

Intellectual Property:

1. All intellectual property rights, including patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade Captain Flights rights and other intellectual property rights as may now exist or hereafter come into existence, are solely reserved to the Operator.
2. Without derogating from the above, the Website, the discussions, all the webpages of the Website and their design, and all notices received by the Operator, including email messages, are solely owned by the Operator.
3. You may not copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content appearing in the Website without the Operator’s prior and written consent.
4. You may use the Content solely for Your own personal use and not make any commercial use of the Content. You may not use the Content for any other purpose including, but not only, for promoting, advertising and/or marketing commercial entities.
5. You warrant not to publish the Content or any part of it except as permitted in the Terms, and You warrant not to publish any product and/or output of information, whether tangible or intangible or in any other form, and You will copy and/or duplicate and/or create derivative works and/or modify and/or adapt the Content for publishing, advertising, displaying, performing, transmitting, broadcasting, making available to the public, selling and/or any other action without the Operator’s prior and written consent.
6. The ownership and the intellectual property rights of contents of third parties including images and content displayed in the Website by Third Party Websites are owned by their proprietors and may be bound to any terms and third party licenses which were granted to the Operator (“Third Party Agreements”). The Operator does not claim any ownership of rights of such content and does not bear any liability for any such content available on the Website. You hereby agree to be bound to any Third Party Agreements regarding Your use of the Website, including any future changes to the Third Party Agreements.
7. The Operator respects all intellectual property rights of third parties and makes all efforts to not infringe rights of third parties. However, if rights of any third party were mistakenly infringed, please report such infringement to the Operator via email address: flywith @ captainflights.com.

Use of Personal Information

The Operator respects the privacy of all users of the Website. Information regarding use of Your information can be found in the Privacy Policy.

Mailings

1. The Operator may offer to all its users to receive email messages and/or newsletters and/or push notifications about updates, improvements and other user notifications regarding the Operator’s activity, including via emails and SMS (the “Mailings”).
2. It is clarified that at any stage You will have the ability to opt out of receiving the Mailings by contacting the Operator and/or by clicking on a link available on the Mailings sent to You by the Operator.

Security:

1. The Website is protected and secured using advanced security tools which are intended to ensure safe and secure use of the Website and to protect Your privacy. You hereby warrant that You will not act in any way that will interrupt the activity of the Website including, but not only, theft of information of other users and breaching the security mechanisms of the Website. The Operator will act against You in such case by any means permitted by law including blocking Your access and use of the Website and taking legal actions against You in such case.
2. Should You breach any of the above, by negligence or on purpose, the Operator will have the right to block Your access to the Website and You will indemnify the Operator, its employees, managers, shareholders and/or anyone on their behalf for all damage, loss, loss of profits, payment and/or expense caused to them including attorney fees and court fees.

Term and Termination

1. This Agreement commences on the day You start using the Website and continues until You refrain from any use of the Website and the Operator’s services.
2. The Operator may at any time terminate this Agreement with You if: (i) You have breached any provision of the Agreement (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Agreement); and/or (ii) the Operator is required to do so by law (for example, where the provision of the Operator’s services to You is, or becomes, unlawful); and/or (iii) the provision of the Service is no longer commercially viable. In the case of each of the above the Operator shall, where possible, give reasonable notice of such termination.
3. The Operator reserves its rights, at its sole discretion, to amend the Terms at any time by publishing such amendments in the Website and notifying of such amendment. Any amendment will become into force immediately upon notifying of such amendment. Your continuation of using the Website will be considered as consent to such amended terms.
4. The Operator reserves its rights to shut down the Website or any part thereof for without providing any prior notice and in such case the Operator shall have no liability for any damage or loss caused to You or any other third party.
5. All terms of this agreement referring to intellectual property and limitation of liability shall survive any termination of this agreement.